Care Plans - Advice needed on timeline completion by CS

[KatKat10]

My children have been in foster care under a section 20 agreement for a few months now. Despite having the 2nd Look after review meeting, only one of the care plans for one of my children has been completed. I am still pending on the 2nd care plan for my other child. Are there any legal aspects to completion of care plans and does this reflect negatively on Children's Services if a care plan is still outstanding? Would a court see non completion of a care plan by CS as unprofessional?

I have not been asked for my input on any of the care plans, even through I retain my parental rights.
Both my children have formally been taken off the Child Protection Plan.

Thank you
KK10

[Suzie, FRG Adviser]

Dear KatKat10,

You say in your post that your children are in foster care under Section 20 and have been so for a few months. The second Looked After Review has taken place, however only one of your children has a completed care plan. You would like to know if there are any legal requirements for the completion of a care plan. You also say that you have not been asked for your input on your children's care plans.

A care plan is a written plan setting out the arrangements for a child who is looked after. Every looked after child must have a care plan. The care plan should be a detailed plan which covers how all a child’s current needs will be met and the arrangements for the child’s care now and into the future.

A care plan must be prepared before the child comes into the care system under a voluntary arrangement. Where this is not possible, children’s services must draw up the plan within ten working days of the child becoming looked after (see regulation 4 of the Care Planning, Placement and Case Review (England) Regulations 2010). If the voluntary arrangement is being put in place (or continuing) during care proceedings, a timetable for drawing up the care plan will then be set by the Family Court (see regulation 4(2).

The law says that children’s services should find out the wishes and feelings of certain people, including a child's parents, before making decisions about any looked after child. This includes children looked after under a voluntary arrangement. Children’s services should do this ‘as far as is reasonably practicable’. This means they should take reasonable steps to gather the wishes and feelings from them.

Children’s services should then take into account those wishes and feeling when they make any decision concerning the child, which includes decisions about the care plan. This is all set out in section 22(4) and section 22(5) of the Children Act 1989.

Children’s services also have a specific legal duty to agree a child’s care plan with the child’s parents and anyone else with parental responsibility. Their duty is to do this as far as is ‘reasonably practicable’. This means they should take steps to try and do this. This is set out in regulation 4(4)(a) of the Care Planning, Placement and Case Review (England) Regulations 2010.

It is important to remember that children’s services do not have parental responsibility for a child who is accommodated under section 20 and a voluntary arrangement can only be put in place (and continue) if a parent or carer with parental responsibility agrees to the arrangement.

Best wishes,

Suzie.

[KatKat10]

Thank you Suzie for your reply, this is really helpful advice. I am unsure why I have been given one of the care plans and not the other. My legal representative is aware of this and will be following up with the LA.
KK10